Wojcik v. Pratt
2011 Ohio 5012
Ohio Ct. App.2011Background
- Wojciks own land adjacent to the Butanos’ ponded property and allege water flow from that pond affects their land.
- Pratt expanded the pond in 1988; 1998 Wojciks purchased nearby property and began constructing a home.
- Wojciks claim the pond’s expansion caused surface and subsurface water encroachment onto their property.
- They filed suit in 2005, dismissed, and refiled in 2006 seeking various claims including trespass.
- Pond owners moved for summary judgment arguing any trespass was permanent with a four-year statute of limitations; the trial court granted summary judgment; on appeal, Wojcik I reversed as to SOL and remanded.
- On remand, a jury trial addressed whether trespass existed, and the jury found no alteration of natural flow by the pond owners.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether law of the case barred relitigation of trespass | |||
| Wojciks contend law of the case resolved trespass existence; estops relitigation | pond owners argue law of the case only controlled SOL and not trespass | No; trespass existence was disputed and not decided as law; invited-error issues | |
| Whether the trial court exceeded the remand mandate by reexamining trespass legality | |||
| Wojciks argue remand limited to SOL, not trespass elements | pond owners contend remand allowed full retrial on trespass | No error; not decided as law in Wojcik I; invited-error doctrine applied | |
| Whether invited-error doctrine bars appeal on trespass instruction and verdict | |||
| Wojciks claim error due to jury instruction on trespass | Wojciks invited the error by proposing instructions and arguments | Assignment of error overruled; jury verdict upheld |
Key Cases Cited
- Nolan v. Nolan, 11 Ohio St.3d 1 (1984) (law-of-the-case doctrine; rule of practice; not binding where unjust)
- Blair v. McDonagh, 177 Ohio App.3d 262 (2008) (invited-error doctrine; cannot now rely on error they invited)
- McGlashan v. Spade Rockledge Terrace Condo Dev. Corp., 62 Ohio St.2d 55 (1980) (reasonableness of surface-water interference; Restatement guidance)
- McDonagh, (cited with Blair v. McDonagh) (—) (invited-error context in trespass)
- State ex rel. J.J. Detweiler Ents., Inc. v. Warner, 103 Ohio St.3d 99 (2004) (Civ.R. 56; cannot grant non-moving party summary judgment)